A Longshore or Defense Base Act settlement is technically a settlement application, not a settlement agreement. The parties negotiate an agreement between themselves, but a third party must approve the written application describing that agreement before the agreement takes effect.
Full Answer
Who represents longshore claimants?
How long does it take to get a decision from OALJ?
Where are claims filed?
How Do I find Out when My Case Will Be Heard?
What Happens at My Hearing?
How long does it take to get an ALJ docket number?
Can you contact an OALJ?
See 4 more
About this website
What are Longshore cases?
In General. A Longshore Claim encompasses cases filed under several statutes: The Longshore and Harbor Workers' Act (LHWCA) The Outer Continental Shelf Lands Act (OCSLA) The Defense Base Act (LDA)
What is the US Longshore and Harbor Workers Compensation Act?
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on the job injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used ...
Are longshore workers federal employees?
The Longshore and Harbor Workers' Compensation Act is a federal workers' compensation act that provides benefits for certain types of maritime employees and for civilian employees on military bases worldwide.
What is the primary objective of workers compensation?
The main purpose of workers' compensation is to address legitimate workplace accidents and carelessness. This includes incidents that occur off the employer's premises but in the service of the job, such as injuries sustained while traveling for work.
What is Longshore defense?
We defend employers and carriers in workers' compensation claims arising under the Longshore and Harbor Workers' Compensation Act in litigation before the U.S. Department of Labor and the U.S. Office of Administrative Law Judges.
Which type of workers compensation claim is easiest to process?
Medical-OnlyMedical-Only This is the type of claim that is the simplest to file and easiest to process.
What is a longshore worker?
Longshore workers transfer cargo from ships to trucks and trains as well as move cargo around on docks. They may do a variety of jobs, from operating cranes to driving machinery to loading materials.
What does DFEC stand for?
Division of Federal Employees' CompensationDivision of Federal Employees' Compensation (DFEC)
Which situation qualifies a worker for workers compensation coverage?
You must be an employee. Your employer must carry workers' comp insurance. You must have a work-related injury or illness. You must meet your state's deadlines for reporting the injury and filing a workers' comp claim.
What is a key principle of workers compensation?
What is a key principle of workers' compensation? A. For injuries and accidents that occur on the job, employers and employee assume the costs equally.
What does DOL mean in workers compensation?
U.S. Department of LaborWorkers' Compensation | U.S. Department of Labor.
What is WC policy?
An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident. WHEREAS it is expedient to provide for the payment by certain. classes of employers to their workmen of compensation for injury by.
What is the purpose of an IME quizlet?
What is the purpose of IME? To confirm that an individual is permanently disabled.
What is Federal Black Lung Program?
About Black Lung Program The Act provides compensation to coal miners who are totally disabled by pneumoconiosis arising out of coal mine employment, and to survivors of coal miners whose deaths are attributable to the disease.
What is a longshore worker?
Longshore workers transfer cargo from ships to trucks and trains as well as move cargo around on docks. They may do a variety of jobs, from operating cranes to driving machinery to loading materials.
Which federal act provides benefits to injured civilians who are employed by the federal government?
The Federal Employees' Compensation Act (FECA) provides coverage to federal civilian employees who have sustained work-related injuries or disease by providing appropriate monetary and medical benefits and help in returning to work.
New Rules for Longshore and Defense Base Act Hearings - Strongpoint Law
Get ready for some significant changes to the litigation of Longshore and Defense Base Act claims. The new Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges will become effective in the immediate future.
DLHWC Longshore Forms | U.S. Department of Labor - DOL
Division of Longshore and Harbor Workers' Compensation Program (Longshore) Forms; Form Number. OWCP's Form Title/Description. LS-1. Request for Examination and/or Treatment
Longshore and Harbor Workers' Compensation Act Frequently Asked ... - DOL
OVERVIEW . 1. What is the Longshore and Harbor Workers' Compensation Act? The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on the job injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in ...
Claim Process for Longshore and Harbor Workers’ Compensation Act
If you are a longshore worker and meet the Office of Working Compensation Plan’s (OWCP) standards for coverage under the Longshore and Harbor Workers’ Compensation Act (LHWCA), you are entitled to file for LHWCA benefits if you are injured on the job.
Litigating and Settling Longshore Act Claims - Strongpoint Law
During the course of your Longshore and Harbor Workers’ Compensation Act claim, you will have to determine whether you want to litigate or settle your claim.
What is the settlement agreement in McShane?
In McShane, the ALJ stated that: “ [t]he Settlement Agreement provides for the funding of an annuity which would relieve Respondents of any liability for payments to be paid by the annuity insurer. I advised the parties that that provision is unacceptable and that Respondents cannot be relieved of the liability for paying the annuity amounts in the event, though unlikely, that the annuity insurer fails to make the payment.” A revised settlement, which addressed the ALJ’s concerns, was ultimately approved in this case.
What is Section 8 settlement?
Section 8 (i) settlements may be in the form of a lump sum settlement or a structured settlement, i.e., one that provides for continuing periodic payments. [n13] In the broader workers’ compensation context, structured settlements are often funded by an annuity purchased from a life insurance company and held for the claimant’s benefit by employer/carrier. [n14] Alternatively, employer/carrier may wish to assign its periodic payment obligation under a structured settlement to a third party. [n15] If a “qualified assignment” is made in accordance with Section 130 of the Internal Revenue Code (IRC), all payments made to claimant are tax-exempt. [n16] The qualified assignment is achieved by the employer/carrier assigning its future payment obligation to a third party, typically an affiliate of a life insurance company, which, in turn, insures its risk by purchasing an annuity from its parent. It thus allows employer/carrier to eliminate a liability from its books. [n17] Qualification of the assignment is also important to assignment companies because without it the amount they receive to induce them to accept periodic payment obligations would be considered income for federal income tax purposes. [n18]
What is Mitri v. Global Linguist Solutions?
Global Linguist Solutions, 2012-LDA-00578 (July 12, 2013 “Order Denying Director’s Motion for Reconsideration”), the OWCP Director requested reconsideration of an ALJ decision and order awarding TTD benefits based on the parties’ stipulations. As formulated by the ALJ, the issue on reconsideration was whether a judge can approve stipulations for the payment of ongoing TTD compensation that permit the employer and carrier unilaterally to terminate or reduce compensation upon:
Why did the ALJ reject the settlement?
The OWCP Director urged the ALJ to reject the settlement because the parties had failed to establish its adequacy.
What is Section 8 (i)?
Section 8 (i) provides for the approval of settlements unless inadequate or procured by duress. 33 U.S.C.S. § 908 (i) (1); [n3] 20 C.F.R. § 702.243 (f), (g). The recent Board decision in Richardson v. Huntington Ingalls, Inc., 48 BRBS __ (May 26, 2014), affirming the ALJ’s approval of a settlement application over the objections of the Director for the Office of Workers’ Compensation Programs (OWCP), highlights the challenges attendant to the determination of “adequacy” and illuminates the standard to be applied in reviewing settlement applications.
Which case cited the contract principles of Section 8 (i)?
11. The Director observed that the Board and the courts have recognized that contract principles apply to section 8 (i) settlement agreements in the absence of superseding provisions in the Act, citing Oceanic Butler, Inc. v. Nordahl, 842 F.2d 773, 780-781, 21 BRBS 33 (CRT) (5th Cir. 1988) (recognizing that where Act is silent on an employer's right to withdraw from an 8 (i) agreement, employer could have reserved right by means of a contractual provision).
Did the ALJ reach the merits of these arguments?
The ALJ did not reach the merits of these arguments, as the matter was ultimately remanded to the District Director. [n12]
A Settlement Needs Approval?
Why, you may ask, does a settlement to which you agreed need to be approved by a third party in the Department of Labor? Isn’t that just another layer of red tape and bureaucracy? Can’t you just rely on your attorney to make sure that the settlement is proper? Doesn’t that delay the payment of any settlement amount?
The Richardson Case
A good way to begin this discussion is by looking at the case that prompted the Office of Workers’ Compensation Programs to solidify their settlement review criteria.
The Important Considerations for a Settlement
In the wake of Richardson, the Department of Labor issued a bulletin, reminding adjudicating officials of what must be considered when reviewing a workers’ compensation settlement.
Who represents longshore claimants?
Most longshore claimants are represented by an attorney. Since the law in this area can be complex, you may be well-advised to retain a private attorney. You may, however, use a lay representative or choose to appear on your own behalf (“pro se”).
How long does it take to get a decision from OALJ?
Once the record is closed, the ALJ will write a decision based on the entire record. The decision will be forwarded to the District Director who will officially file and issue it. Within five business days of issuance of a decision and order, it will also be posted on the OALJ website at www.dol.gov/agencies/oalj. Compensation must be paid within 10 days after it becomes due. OWCP will mail a copy of the decision to each party of record within 24 hours of the day of filing. Any party may request a reconsideration of the decision. This Motion for Reconsideration must be filed within 10 days of the filing of the decision. 20 C.F.R. § 802.206. Parties also have the option of filing an appeal with the Benefits Review Board (within 30 days of the filing of the decision) instead of moving for a reconsideration by the ALJ. 20 C.F.R. § 702.393. Instructions for filing an appeal are on a notice which accompanies the copy of the decision which the parties receive from OWCP. If a party does file a Motion for Reconsideration, the time for filing an appeal with the Board is stayed until the ALJ issues an Order on Reconsideration.
Where are claims filed?
All claims are filed at the Office of Workers Compensation Programs (OWCP), Division of Longshore and Harbor Workers' Compensation (DLHWC). After a claim is filed at OWCP, an investigation may be conducted. See 20 C.F.R § 702.301 et seq. The parties (claimant, employer and insurance carrier) may request an “informal conference” with the District Director or Claims Examiner who will attempt to resolve the matter. The Claims Examiner then issues a recommendation. If any of the parties is not happy with this recommendation, they may request a hearing before the Office of Administrative Law Judges (OALJ). 20 C.F.R. § 702.331 et seq. Parties may also request the matter be referred to OALJ without an informal conference if they think that the conference will not resolve matters. Once a request is made, the matter is transferred to OALJ.
How Do I find Out when My Case Will Be Heard?
Once an ALJ has sufficient cases for a docket, Notices of Hearing will be issued informing the parties when and where the hearing will take place. Under the Longshore regulations, a claimant is not required to travel more than 75 miles to a hearing location. On occasion, a claimant may choose to travel further in order to get a quicker hearing. The Notice of Hearing also contains instructions from the assigned ALJ explaining how the hearing will be conducted and how evidence is to be presented.
What Happens at My Hearing?
At the hearing, the parties will be given the opportunity to call witnesses to testify as well as to present evidence. 20 C.F.R. § 702.338 et seq. The evidence and testimony are the record on which the ALJ will decide the claim. Parties should ensure that all evidence is presented at this time.
How long does it take to get an ALJ docket number?
Once an OALJ District Office receives the claim, it will be added to a docket. This process typically takes one to two months, depending on where the hearing needs to be held. For budgetary reasons, an ALJ must usually have a full docket in order to travel to a city to conduct hearings. Exceptions are made, but a claimant must provide a written request explaining the unique situation in order to have the case expedited and heard quickly.
Can you contact an OALJ?
Contacting the OALJ or your Assigned Trial ALJ. Improper “ex parte” (one-sided) communication with an administrative adjudicatory officer is prohibited by statute and regulation. If you make such a communication, including messages sent by e-mail, the agency is required to put that communication on the public record.